Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
AN act of parliament, thus made, is the exercise of the highest
authority that this kingdom acknowleges upon earth. It hath power to
bind every subject in the land, and the dominions thereunto belonging;
nay, even the king himself, if particularly named therein. And it
cannot be altered, amended, dispensed with, suspended, or repealed,
but in the same forms and by the same authority of parliament: for it
is a maxim in law, that it requires the same strength to dissolve, as
to create an obligation. It is true it was formerly held, that the
king might in many cases dispense with penal statutes[p]: but now by
statute 1 W. & M. st. 2. c. 2. it is declared, that the suspending or
dispensing with laws by regal authority, without consent of
parliament, is illegal.
[Footnote p: Finch. L. 81. 234.]
VII. THERE remains only, in the seventh and last place, to add a word
or two concerning the manner in which parliaments may be adjourned,
prorogued, or dissolved.
AN adjournment is no more than a continuance of the session from one
day to another, as the word itself signifies: and this is done by the
authority of each house separately every day; and sometimes for a
fortnight or a month together, as at Christmas or Easter, or upon
other particular occasions. But the adjournment of one house is no
adjournment of the other[q]. It hath also been usual, when his majesty
hath signified his pleasure that both or either of the houses should
adjourn themselves to a certain day, to obey the king's pleasure so
signified, and to adjourn accordingly[r]. Otherwise, besides the
indecorum of a refusal, a prorogation would assuredly follow; which
would often be very inconvenient to both public and private business.
For prorogation puts an end to the session; and then such bills, as
are only begun and not perfected, must be resumed _de novo_ (if at
all) in a subsequent session: whereas, after an adjournment, all
things continue in the same state as at the time of the adjournment
made, and may be proceeded on without any fresh commencement.
[Footnote q: 4 Inst. 28.]
[Footnote r: Com. Journ. _passim_: _e.g._ 11 Jun. 1572. 5 Apr. 1604. 4
Jun. 14 Nov. 18 Dec. 1621. 11 Jul. 1625. 13 Sept. 1660. 25 Jul. 1667.
4 Aug. 1685. 24 Febr. 1691. 21 Jun. 1712. 16 Apr. 1717. 3 Feb. 1741.
10 Dec. 1745.]
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